Union Township City Zoning Code
§ 30-11.5
Application and Appeals to Planning Board and Board of Adjustment.
[Ord. No. 85-9, § 1104; Ord. No. 87-18, § 1; Ord. No. 88-12, § 1; Ord. No. 91-8, §§ 1, 2; Ord. No. 99-6, § 1; Ord. No. 2003-20, § IV; Ord. No. 2004-12, §§ I — V; Ord. No. 2009-6, § 1]
a.
Form. Whenever an application for development to the Planning Board or Board of Adjustment is permitted or required by this chapter, it shall be in such form, and accompanied by such maps, documents and materials as are prescribed by this chapter, and shall be submitted to the administrative officer in such numbers as is prescribed by rule of the Board. The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:
1.
Applicant's name, address and telephone number.
2.
Owner's name, address and telephone number.
3.
Interest of applicant in property.
4.
Ownership of applicant.
5.
Name, address and telephone number of applicant's attorney (if represented).
6.
Street address of property.
7.
Tax lot and block number of property.
8.
Zone district in which property is situated.
9.
Description of property.
10.
Description of proposed development.
11.
Type of application.
12.
Specific relief requested.
13.
Sufficient information to facilitate review of the proposed development in light of the criteria and standards applicable to the application for development.
b.
Application Fees and Escrow Deposits for Professional Review.
1.
Application Fees. Each such application or appeal shall be accompanied by payment of a nonrefundable application fee.
2.
Escrow Deposits. In addition to the foregoing non-refundable application fees, all applicants for development shall establish one or more escrow accounts with the municipality to cover all anticipated professional and expert review and consultation fees and services of the municipality, including testimony and costs of certified reporters and transcripts associated with the review and processing of the application. The escrow fees shall be required for all applications for development, and also for appeals pursuant to the Union Township Driveway Ordinance. A separate escrow account shall be established for inspections by the Municipal Engineer of developments under construction.
3.
Escrow Agreement; Replenishment. At the time of submitting an application for development and periodically thereafter, the applicant shall make an initial deposit to the escrow account in the amounts hereinafter provided and shall execute an escrow agreement. The escrow agreement shall be in a form prescribed by the Chief Financial Officer. All application fees and escrow deposits must be paid prior to certification that the application is complete. In the event that the amounts required to be posted by this chapter are not sufficient to cover the municipality's estimated anticipated professional charges associated with the application, the Chief Financial Officer shall request additional escrow funds.
c.
1.
Development Agreement. After development approval and prior to commencement of any construction or issuance of any certificate of occupancy, the applicant shall enter into a development agreement/performance guarantee agreement with the municipality and deposit to the review escrow account a continuing deposit sufficient to pay for anticipated professional services in connection with the development agreement.
2.
Insufficient Escrow; Notice; Procedure. The Municipal Chief Financial Officer shall advise the administrative officer of all escrow deposits made by any applicant, and the amount thereof. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period (10 days) post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
d.
1.
Application Fees and Escrow Deposits for Subdivisions; Site Plans; Variances; Other.
Type of Application | First Check Nonrefundable Application Charge | Second Check Applicant's Escrow Fund | ||||
|---|---|---|---|---|---|---|
1. | Informal (conceptual) review | |||||
Existing single-family | $100 per meeting* | $1,500 (if professional review requested by the applicant) | ||||
All others | $300 per meeting* | $1,500 (if professional review requested by applicant) | ||||
2. | Subdivisions | |||||
Boundary line change or merger of portions of adjoining properties | $400 | $1,500 | ||||
Minor | $200, plus $250 per lot | $1,500 per lot | ||||
Preliminary major | $500, plus $200 per lot | $1,000, plus $400 per lot; minimum $3,000 | ||||
Final major | $500 plus $100 per lot | $400, plus $150 per lot; minimum $1,500 | ||||
3. | Site Plans | |||||
Site plan waiver | $200 | $1,000 | ||||
Minor | $350, plus $0.05 per square foot of proposed new building area, plus $0.01 per square foot of site area to be disturbed | $1,500 | ||||
Preliminary major | $350, plus $0.10 per square foot of proposed new building area, plus $0.03 per square foot of site area to be disturbed | If the gross floor area of the building is 100,000 square feet or less - $2,000, plus $10 per 1,000 square feet of lot area, plus $10 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet - $2,000, plus $3.50 per 1,000 square feet of lot area, plus $3.50 per 100 square feet of gross floor area of the building | ||||
Final major | 50% of preliminary major site plan fee | If the gross floor area of the building is 100,000 square feet or less - $2,000, plus $3 per 1,000 square feet of lot area, plus $3 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet - $2,000 plus $1 per 1,000 square feet of lot area, plus $1 per 100 square feet of gross floor area of building | ||||
Telecommunications tower site plan-existing tower | $1,500 | $5,000 | ||||
Telecommunications tower site plan-new tower | $2,500 | $10,000 | ||||
4. | Variances | |||||
a. | Appeal (N.J.S.A. 40:55D-70(a)) | $300 per meeting | $1,500 | |||
b. | Appeal (N.J.S.A. 40:55D-70(b)) | $300 per meeting | $1,500 | |||
c. (1) | Bulk variance 40:55D-70(c) existing lots | $300, plus $100 per variance | $3,000 | |||
(2) | Bulk variance 40:55D-70(c) with site plan or subdivision | $300, plus $100 each additional variance | $3,000 | |||
d. | Use Variance (N.J.S.A. 40:55D-70(d)) | $500 | $3,000 | |||
5. | Permit for lot not abutting public street (N.J.S.A. 40:55-36) | $500 | $3,000 | |||
6. | Extensions of approval request | $500 per meeting | $1,500 | |||
7. | On-tract and off-tract improvements | N/A | 5% of the cost of the improvement | |||
8. | Development agreement | N/A | $2,000 | |||
9. | Deposit for certified shorthand reporter | N/A | $300 per meeting | |||
10. | Aquifer testing | |||||
a. | Aquifer Test Plan Review | $500 | Residential subdivision (and site plans) $900 for first lot, plus $100 for each additional lot | |||
Nonresidential and residential site plans $900 for first 1,000 gals. of average daily demand, plus $100 for each additional 1,000 gals. or part thereof of average daily demand | ||||||
b. | Hydrogeologic Report Review | $500 | Residential subdivisions and site plans $1,800 for the first lot, plus $200 for each additional lot | |||
Nonresidential and residential site plans $900 for first 1,000 gals. of average daily demand, plus $100 for each additional 1,000 gals. of average daily demand or part thereof | ||||||
11. | Carbonate Rock | |||||
a. | Phase I Checklist | $750 | $750, plus $200 per acre or portion thereof for each acre of disturbance when site is located in the CRD and $100 per acre or portion thereof for each acre of disturbance when site is located in the CDA | |||
b. | Phase II Checklist | $750 | $1,500, plus $500 per acre or portion thereof for each acre of disturbance when site is located in CRD and $200 per acre or portion thereof for each acre of disturbance when site is located in CDA | |||
12. | Environmental Impact Statement Review | $500 | ||||
13. | Special Meeting Fee | $1,000 | ||||
14. | Tax Map Changes | $150, plus $50 per lot | ||||
* | The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development, provided the application for development submitted is substantially the same as the concept plan. |
e.
Escrow Deposits for Inspection of Improvements.
1.
The applicant shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the developer shall deposit for the inspection fees an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
2.
The municipal Boards and governing body and the professionals employed by the Boards or the municipality shall not review, act upon or consider any plan until such time as the initial fees and escrows are paid in full and the Township professionals shall not commence reviewing the application until he is advised that the fees and escrows have been paid.
f.
Replenishment of Escrow Deposits. The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges or anticipated charges against the account to 35% or less of the original amount. The Chief Financial Officer shall notify the applicant to replenish the escrow, and the applicant shall upon request deposit up to 100% of the original escrow account. In addition to all of the above, if the Chief Financial Officer shall determine that the estimated anticipated cost of professional review and services exceeds any of the foregoing amounts, the Chief Financial Officer shall require such additional amounts as shall be required to cover such expenses. No further consideration, review, processing or inspection shall be performed by or on behalf of the Board until the additional escrow has been paid.
g.
Accounting of Escrow Deposits.
1.
The applicant may request an accounting of the expenses or fees paid by him for professional review in writing to the administrative officer. The applicant shall be responsible for any costs incurred by the municipality in having its professional and administrative staff prepare an accounting of the fees expended.
2.
In the event the applicant believes the fees charged to be unreasonable, the applicant shall pay such fees under protest, the Planning Board or Board of Adjustment shall hear and decide at a public hearing whether such fees are reasonable and the applicant may appeal the decision of the Planning Board or Board of Adjustment to the municipal governing body provided the applicant shall provide the governing body with that portion of the transcript of the Planning Board or Board of Adjustment hearing on fees, at the applicant's cost, and the appeal shall be on the record made before the Board. The governing body shall consider the appeal in accordance with the provisions of N.J.S.A. 40:55D-17.
h.
Change of Applicant or Developer; Substituted Escrow Deposit. An applicant or developer initiating a land use application for development shall remain responsible for payment and replenishment of all escrow deposits for professional application reviews or improvement inspections in connection with such development, and for the construction of all required improvements and related responsibilities, notwithstanding any change or partial change in the ownership of the property which is the subject of the application for development, unless and until a new or amended escrow agreement and performance guarantee agreement and/or maintenance agreement is entered into by the municipality, the withdrawing applicant/developer and the substituting applicant/developer, and until a substituted performance and/or maintenance guarantee acceptable to the municipality has been posted by the substituting applicant developer and accepted by the municipality.
i.
Interest on Deposits. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with subsection h of section 41 of P.L. 1975, c. 291 (C. 40:55D-53) or to satisfy the guarantee requirements of subsection a of section 41 of P.L. 1975. c. 291 (C. 40:55D-53), the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this State insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100, for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality shall retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
j.
Request for Special Meeting. An applicant for approval of an application may request a special meeting. The Board may schedule such special meeting(s) at a date and time convenient to the applicant, the Board and the public. There shall be paid to the municipality, prior to the meeting, a nonrefundable special meeting fee of $100. In addition, the administrative officer may require an additional escrow deposit of up to $1,000 for each special meeting.
k.
Availability of Applications to Environmental Commission. If the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality or region, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Planning Board. Failure to do so shall not invalidate any hearing or proceeding.
l.
Applications for Conditional Uses: Additional Data. Each application for a conditional use shall include a request for any required site plan approval that is related thereto.
m.
Informal Review of Concept Plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. (N.J.S.A. 40:55D-10.1).
n.
Applications for Use Variances; Additional Data. The Board of Adjustment shall have the power to grant subdivision or site plan approval or conditional use approval whenever the proposed development requires approval of a variance pursuant to § 30-11.2e1(d). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good (including, but not limited to, the purposes set forth in N.J.S.A. 40:55D-2) and without substantial impairment of the intent and purpose of the zoning plan and zoning ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter or the approval in question, and the special vote pursuant to the aforesaid § 30-11.2e1(d) shall not be required.
o.
Completeness of Applications. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless (1) the application lacks information indicated on a checklist provided to the applicant pursuant to Subsection p below and (2) the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the applications within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the municipal agency.
p.
Checklists. The following information is to be shown or indicated on applicable plans:
1.
For subdivision sketch plan, the information required by the subdivision section of this chapter.
2.
For preliminary plat of major subdivision, the information required by the subdivision section of this chapter.
3.
For final plat of major subdivision, the information required by the subdivision section of this chapter.
4.
For site plan, the information required by the site plan section of this chapter.
5.
For an application for the development which requests a hardship variance, a use variance, a special permit or a decision on a special question, and which is not accompanied by a site plan, the following information:
(a)
Specify the type of relief being requested.
(b)
Describe how the relief requested invoices the minimum deviation from the Land Use Code or the master plan of all available development actions.
(c)
For a use variance, indicate the special reasons for the application, i.e. serves any of the purposes of zoning set forth in 40:55D-2, promotes the general welfare.
(d)
The relief requested would not, if granted, substantially impair the intent and purpose of the zone plan and zoning regulations and would not produce substantial detriment to the public good.
In addition, the checklist shall also indicate that the information to be included in the required application form and the required application fee are necessary for a complete application.
The administrative officer shall prepare such checklist and shall furnish the same to applicants together with the appropriate application form.
q.
Mapping in Compliance with Geographic Information System (GIS).
1.
At the time the final plat is submitted for signature of the Township officials, the applicant shall submit the following:
(a)
Computer Aided Design (CAD) generated data file(s) using AutoCAD Release 14 or more recent upgrade, prepared by a New Jersey licensed land surveyor, directly translatable into an identical image of the file map. The file shall be submitted on a standard compact disk.
(c)
The compact disk must also include a Word File and all appropriate coordinate information including offset and rotation such that the CAD drawings can be readily imported into the Township's Geographic Information System (GSI) using ArcView GIS Version 3.2 or more recent upgrade.
2.
All text shall be on a separate layer of the CAD drawing.
3.
The file(s), drawings, and all layers must be drawn at real New Jersey plane coordinates NAD83 (or the most current State plane coordinate system) position, and the view must be unrotated so that the NJPCS North points othographically up (vertical) on the screen. The drawing shall identify, at a minimum, three monument markers distributed around the corners of the tract. These monument markers shall be identified in US survey feet. The information required on the final plat shall be submitted in the data file(s) and appear as separate layers on the CAD drawing:
(a)
The location of all existing and proposed signage.
(b)
The location of all existing and proposed catch basins or stormwater drain inlets.
(c)
The location of all existing and proposed culverts, shown from the centerline of road to the center of the structure.
(d)
All existing and proposed stormwater outfall piping and stormwater conveyances and all receiving surface water bodies or all neighboring properties through which the discharged stormwater will flow prior to intersecting a stream.
(e)
The location of all existing and proposed detention basins, filter strips, riparian buffers, infiltration trenches, sand filters, constructed wetlands, wet basins, bioretention systems, low flow bypasses, drywells, and/or other mechanisms used to control stormwater.
(f)
The location of all existing and proposed water lines.
(g)
The location of all existing and proposed groundwater discharges (e.g., infiltration basins, drywells, crawl spaces or basement pumps, foundation or footing drains).
(h)
The location of all existing and proposed septic systems, and sewerage facilities.
(i)
The location of all existing and proposed water storage tanks or facilities used for the fire fighting activities.
(j)
A map of all existing and proposed irrigation systems.
(k)
The location of all existing and proposed swimming pool discharges.
(l)
The location of all existing and proposed wastewater flows from rinsing/cleaning commercial or industrial equipment.
(m)
The location of existing and proposed nonstormwater discharges including, but not limited to noncontact cooling water, process wastewater, rinsing/cleaning of equipment or other commercial/industrial discharges either to land surface, surfacewater bodies, soils, bedrock, or groundwater.
(n)
The data file(s) shall contain any site description as required by the Union Township Planning Board/Board of Adjustment. This data includes site description information shown on the preliminary plan and/or site plan, environmental impact statement as required by Union Township's Land Use Code § 30-26, Schedules B., C. Item 54, and any data given by the applicant after the initial plans are submitted. Site description information shall include the following information as deemed applicable by the Union Township Planning Board/Board of Adjustment:
(1)
Wetlands.
(2)
Marshes, ponds, lakes.
(3)
Spring flows, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(4)
Vegetated areas.
(5)
Endangered species habitats.
(6)
Steep slopes.
(7)
Floodplains.
(8)
Conservation easements and open space.
(9)
Streams and stream corridors.
(10)
Distinctive scenic and/or historic features.
(11)
Additional site features as required by the Union Township Planning Board/Board of Adjustment.
4.
By mutual agreement of the applicant, the Township Engineer who maintains the Tax Maps can be requested to do the required conversion to CAD based on those hourly fees listed on the Engineer's annual professional services agreement.